Kidnappers saw gardener, 74, as an easy target, court told

Mark Russell

To the woman he paid $150 for sex after a cup of tea, the 74-year-old gardener was a good target to be robbed for a "quick money earn", a court heard today.

The woman, Rachael Kilpatrick, allegedly organised for her defacto partner to kidnap the gardener to get money from him.

Michael Murphy, 35, today pleaded guilty in the County Court to kidnapping the gardener, intentionally assaulting him and stealing $200 from him.

Michael Murphy. Photo: Michael Clayton-Jones

The maximum penalty is 25 years' jail.

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Prosecutor Sally Flynn told the court the victim, Angelo Dinome, was retired but used to do casual gardening jobs.

Mr Dinome was contracted to mow lawns and do other gardening jobs at a set of units in Edina Road, Ferntree Gully.

Rodney Gosland. Photo: Michael Clayton-Jones

Ms Flynn said Murphy was living in one of the units with Kilpatrick, his defacto partner. They were both heroin users.

The prosecutor said Kilpatrick invited Mr Dinome into the unit on one occasion in early 2012 for a cup of tea.

"Kilpatrick offered to have sex with the victim for $200, a price of $150 was ultimately agreed upon and they partially undressed and had sexual relations," Ms Flynn said.

"Afterwards, the victim returned to his gardening duties and went home."

Ms Flynn said that about a week later, after Kilpatrick had told friends Juanita Dunlop and Rodney Gosland that Mr Dinome had sexually assaulted her, she asked the gardener for a lift to their home in Boronia.

After going inside, Kilpatrick allegedly had a knife and demanded money from Mr Dinome, who handed over $700.

On March 7 last year, Kilpatrick told Dunlop and Gosland that the gardener was "pretty cashed up", would be a good target for a "quick money earn" and they could teach him more of a lesson for touching her up, Ms Flynn said.

"Kilpatrick stated that the victim would be scared and wouldn't go to the police about it," the prosecutor said.

Ms Flynn said Kilpatrick disguised her voice and used a different name when she rang Mr Dinome's home phone number to organise for him to clean up a garden in Elsie Street, Boronia, the next day.

Dressed in dark clothes and wearing black balaclavas and carrying backpacks with a spare change of clothes, Murphy and Gosland were hiding in bushes at about 7.45am before confronting Mr Dinome when he arrived, Ms Flynn said.

"They started to punch and kick the victim," the prosecutor said.

"Gosland produced a knife, took hold of the victim, and said, 'Give me your money or I'll kill you'."

The two men allegedly stole $200 from Mr Dinome before bundling him into his car and driving off to find an ATM machine to get more money, but the car broke down in Chirnside Park and they left him there.

Kilpatrick and Gosland are due to appear for a contested committal hearing in the Melbourne Magistrates Court next month on a number of charges.

Defence lawyer Jacqueline Kennedy told the court today Murphy had been a functioning heroin addict from the age of 18 and was earning $1500 a week as a carpenter before suffering pneumonia and a stroke in late 2011.

Murphy lost his job and was receiving Centrelink payments when his heroin use, alcohol use and prescription drug use spiralled out of control and he agreed to kidnap Mr Dinome.

He had met Kilpatrick at their mutual heroin dealer's home and the pair moved in together just before Christmas in 2011.

"It's consented the victim in this matter is an elderly man going about his business. It's been very terrifying for him," Ms Kennedy said.